Pradeep Kashiram Khochare vs The State Of Maharashtra
2022 Latest Caselaw 6055 Bom

                                                                   25-ia-1656-2022.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION

                           INTERIM APPLICATION NO. 1656 OF 2022
                                           IN
                             CRIMINAL APPEAL NO. 566 OF 2022


         Pradeep Kashiram Khochare                                ...Applicant
                  Versus
         The State of Maharashtra                                 ...Respondent


         Mr. Shashank C. Mangale for the Applicant.
         Mrs. P.P. Shinde, APP for the Respondent -State.

                                   CORAM : REVATI MOHITE DERE &
                                           V. G. BISHT, JJ.

                                    DATE      : 29th JUNE 2022.
         P.C. :


         1.       Heard learned Counsel for the parties.



         2.       By this application, the applicant seeks suspension of his

         sentence and enlargement on bail, pending the hearing and final

         disposal of the aforeasaid appeal.



         3.       The applicant, vide judgment and order dated 26 th April, 2022

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         passed by the learned Additional Sessions Judge, Khed, Dist. Ratnagiri

         in Sessions Case No. 31 of 2015, has been convicted and sentenced

         for the offence punishable under Section 302 of the Indian Penal Code

         to suffer imprisonment for life and to pay fine of Rs. 3,000/- in default

         to undergo further simple imprisonment for three months.



         4.    Perused the papers.     The prosecution case rests entirely on

         circumstantial evidence. From a perusal of the impugned judgment

         and order, it appears that the learned Sessions Judge has essentially

         convicted the applicant, on the premise that the applicant has not

         offered any explanation regarding the death of his wife- Suvarna. Non

         explanation would be an additional link/ circumstance, however, that

         does not absolve the prosecution from proving its case i.e. the

         circumstances against the applicant beyond reasonable doubt. It is

         also pertinent to note that the dead body of the applicant's wife was

         not found in the house, but it was found in the backyard at a distance

         of 600 meters from the house, and hence it is doubtful, how Section

         106 of the Evidence Act can be invoked. It also appears that some of


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         the witnesses have turned hostile.



         5.   It also appears that the applicant was on bail, pending trial and

         that he has not abused or misused the liberty granted to him.



         6.   Considering the aforesaid, the application is allowed and the

         applicant's sentence is suspended and he is enlarged on bail, pending

         the hearing and final disposal of his appeal, on the following terms

         and conditions :-

                                          ORDER

i) The applicant be enlarged on bail on furnishing

P.R. Bond in the sum of Rs.20,000/- with one or two

sureties in the like amount;

ii) The applicant shall report to the trial Court,

once in three months on the day/date specified by the trial

Court, till his appeal is finally disposed of;

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                      iii)        The     applicant shall     keep the trial Court

                      informed     of   his current address and mobile contact

number and / or change of residence or mobile details, if

any, from time to time;

iv) If there are two consecutive defaults in appearing

before the trial Court, the learned Judge shall make a report

to the High Court and the prosecution would be at liberty to

file an application seeking cancellation of bail.

7. The application is accordingly disposed of.

8. All concerned to act on the authenticated copy of this order.

V. G. BISHT, J. REVATI MOHITE DERE, J. TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2022.06.29 18:49:02 +0530

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